MOLD AND INDOOR AIR QUALITY DISCLOSURE & REMEDIATION ADDENDUM

to Texas Residential Lease Agreement

[// GUIDANCE: This template is drafted for use with a Texas residential lease. Bracketed items must be customized. Remove all guidance comments prior to execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Disclosure of Known Mold Conditions
   3.2 Prevention Obligations
   3.3 Notice; Inspection; Testing
   3.4 Remediation Procedures
   3.5 Allocation of Costs
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Mold and Indoor Air Quality Disclosure & Remediation Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] and forms an integral part of that certain Texas Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between:

• [LANDLORD LEGAL NAME], a [state & entity type] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (“Tenant”, whether one or more).

The Lease pertains to the residential real property commonly known as [STREET ADDRESS, CITY, TX ZIP] (the “Premises”). Capitalized terms used but not defined herein shall have the meanings assigned in the Lease.

The parties acknowledge that indoor mold growth may present serious health and property risks. This Addendum sets forth each party’s rights and obligations regarding mold disclosure, prevention, and remediation, and is intended to comply with all applicable provisions of Texas landlord-tenant law and the Texas Mold Assessment and Remediation Rules (collectively, “Applicable Law”).

2. DEFINITIONS

“Affected Area” – The specific portion of the Premises identified in a Mold Assessment as containing or reasonably suspected to contain an Elevated Mold Condition.

“Certified Mold Remediator” – An individual or entity duly licensed by the State of Texas to perform mold remediation services.

“Certificate of Mold Remediation” – The official document issued by a Certified Mold Remediator upon completion of remediation, evidencing that the mold has been remediated in compliance with Applicable Law.

“Elevated Mold Condition” – Visible mold growth or mold odor inside the Premises, or airborne mold spore levels exceeding normal background levels as determined by a qualified mold assessor.

“Habitability Standards” – The statutory duty of a Texas residential landlord to remedy conditions that materially affect the physical health or safety of an ordinary tenant.

“Notice” – Written notice delivered in accordance with Section 3.3.

“Preventive Measures” – The reasonable cleaning, ventilation, and maintenance practices in Exhibit A attached hereto.

“Remediation Plan” – A written plan prepared by a Certified Mold Remediator describing the scope, method, and timeline for remediation of an Elevated Mold Condition.

3. OPERATIVE PROVISIONS

3.1 Disclosure of Known Mold Conditions

(a) Landlord represents that, to Landlord’s actual knowledge, the Premises:
 (i) ☐ have ☐ have not sustained water intrusion during the prior twelve (12) months;
 (ii) ☐ do ☐ do not currently contain an Elevated Mold Condition.

(b) Landlord shall provide Tenant with copies of any Certificates of Mold Remediation or similar documentation in Landlord’s possession relating to the Premises within the past five (5) years, no later than the execution date of this Addendum.

3.2 Prevention Obligations

(a) Landlord Obligations. Landlord shall:
 1. Maintain the roof, plumbing, HVAC, and building envelope to prevent chronic moisture;
 2. Annually inspect the Premises (with prior Notice) for water intrusion; and
 3. Maintain the HVAC system in good repair and supply air filters at Landlord’s expense no less than semi-annually.

(b) Tenant Obligations. Tenant shall:
 1. Maintain reasonable housekeeping and promptly remove visible moisture, including condensation on windows and walls;
 2. Run bathroom and kitchen exhaust fans for a minimum of fifteen (15) minutes after use;
 3. Replace HVAC filters per manufacturer’s recommendation (unless supplied by Landlord);
 4. Keep furniture, storage boxes, and other items at least two (2) inches from exterior walls to permit air circulation;
 5. Promptly deliver Notice (no later than 48 hours after discovery) of any:
  (i) water leak, overflow, or flooding;
  (ii) visible mold growth; or
  (iii) persistent musty odor.

3.3 Notice; Inspection; Testing

(a) Any Notice under this Section must be in writing and delivered in accordance with the Lease. Electronic delivery to the e-mail address(es) on file satisfies the writing requirement.

(b) Upon receiving Tenant’s Notice of a suspected Elevated Mold Condition, Landlord may, upon at least twenty-four (24) hours’ prior Notice, enter the Premises to inspect and/or collect environmental samples. Sampling shall be performed by a third-party mold assessor licensed in Texas.

(c) Tenant may, at Tenant’s sole cost, obtain an independent mold inspection, provided Tenant supplies Landlord with a full copy of any resulting report within three (3) days of receipt.

3.4 Remediation Procedures

(a) If an Elevated Mold Condition is confirmed, Landlord shall, within ten (10) days, engage a Certified Mold Remediator to prepare a Remediation Plan and commence remediation.

(b) Remediation shall be performed in accordance with Applicable Law and the Remediation Plan, and completed within a commercially reasonable time under the circumstances.

(c) Certificate Delivery. Within ten (10) days after Landlord’s receipt of the Certificate of Mold Remediation, Landlord shall provide Tenant a copy.

(d) Temporary Relocation / Rent Abatement. If remediation requires Tenant to vacate any portion of the Premises for more than seventy-two (72) consecutive hours:
 1. Landlord shall either (i) provide comparable temporary housing at Landlord’s expense, or (ii) abate Base Rent on a pro-rata basis for the affected period; and
 2. The Lease shall otherwise remain in full force and effect.

3.5 Allocation of Costs

(a) Landlord bears the cost of inspection, testing, and remediation, except as provided in subsection (b).

(b) If the Elevated Mold Condition is primarily attributable to Tenant’s failure to perform Tenant’s obligations under Section 3.2(b), Tenant shall reimburse Landlord for the reasonable, documented costs of inspection and remediation within thirty (30) days after written demand.

4. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents, warrants, and covenants that:
(a) Landlord has complied, and shall comply, with all Applicable Law concerning mold assessment and remediation;
(b) All disclosures made by Landlord herein are true, complete, and correct to Landlord’s actual knowledge as of the Effective Date.

4.2 Tenant represents and warrants that:
(a) Tenant has received, read, and understands this Addendum and the Preventive Measures in Exhibit A; and
(b) Tenant has inspected the Premises and is not aware of any existing mold condition except as disclosed herein.

The representations and warranties in this Section shall survive the expiration or termination of the Lease for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Each party shall comply with its respective obligations under Section 3.

5.2 Negative Covenants. Tenant shall not:
(a) Use humidifiers, aquariums, or gas-powered appliances in a manner that introduces excessive moisture without Landlord’s prior written consent;
(b) Alter the HVAC or building envelope, including installing window AC units, without Landlord’s prior written approval.

5.3 Monitoring. Landlord may install and maintain non-intrusive moisture or humidity sensors in common areas of the Premises upon prior Notice to Tenant.

6. DEFAULT & REMEDIES

6.1 Tenant Default. Tenant’s failure to: (a) timely provide required Notice, (b) allow inspection, or (c) comply with Preventive Measures constitutes a material default.

6.2 Landlord Default. Landlord’s failure to: (a) timely commence or diligently pursue remediation, or (b) provide required disclosures constitutes a material default.

6.3 Notice and Cure. Before exercising any remedy, the non-defaulting party shall deliver written notice describing the default and allow the defaulting party:
• Landlord: seven (7) days to cure;
• Tenant: three (3) days to cure.

6.4 Remedies.
(a) Tenant Remedies. If Landlord fails to cure, Tenant may (i) exercise remedies under Texas Property Code § 92.056, including judicial remedies for habitability, or (ii) terminate the Lease upon ten (10) days’ Notice.
(b) Landlord Remedies. If Tenant fails to cure, Landlord may (i) perform Tenant’s obligations at Tenant’s expense as Additional Rent, (ii) pursue eviction, and/or (iii) recover actual damages, attorney fees, and court costs.

6.5 Attorney Fees. The substantially prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification.
(a) Landlord Indemnity. Landlord shall indemnify, defend, and hold Tenant harmless from and against all claims, losses, and expenses arising out of (i) Landlord’s breach of this Addendum, or (ii) Landlord’s negligence or willful misconduct in performing remediation.

(b) Tenant Indemnity. Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, losses, and expenses arising out of Tenant’s breach of Section 3.2(b) or Tenant’s gross negligence or willful misconduct.

7.2 Limitation of Liability. Except for personal injury or property damage caused by a party’s gross negligence or willful misconduct, each party’s liability shall be limited to direct, actual damages proved, and in no event shall either party be liable for consequential, incidental, punitive, or speculative damages.

7.3 Insurance. Tenant shall obtain and maintain a renter’s insurance policy with minimum limits of $[AMOUNT] per occurrence for personal property and liability coverage, naming Landlord as an additional insured.

7.4 Force Majeure. No party shall be liable for delays in performance caused by events beyond reasonable control, excluding financial inability.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Addendum and the Lease shall be governed by and construed in accordance with the laws governing residential tenancies in the State of Texas, without regard to conflict-of-law principles.

8.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the [COUNTY] County housing court or any successor court having subject-matter jurisdiction.

8.3 Arbitration. Arbitration is expressly excluded.

8.4 Jury Trial. Each party retains its constitutional right to a trial by jury; no waiver is intended or implied.

8.5 Injunctive Relief. Notwithstanding any other provision, either party may seek injunctive or declaratory relief to enforce Habitability Standards or preserve the status quo.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver of any breach is not a waiver of any other breach.

9.2 Assignment; Subletting. Tenant may not assign the Lease or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld if assignee agrees in writing to be bound by this Addendum.

9.3 Successors & Assigns. This Addendum binds and benefits the parties and their respective heirs, legal representatives, successors, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law, and the court shall reform the invalid provision to reflect the parties’ original intent to the fullest extent permissible.

9.5 Integration. This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the parties regarding mold and indoor air quality matters, superseding all prior or contemporaneous oral statements or writings.

9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original for all purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT]
State of Texas )
County of ______)

This instrument was acknowledged before me on __, 20, by _______.

Notary Public, State of Texas
My commission expires: _______

EXHIBIT A

Preventive Measures for Mold and Moisture Control

1. Keep thermostat set to “AUTO,” with temperature between 68–78 °F and relative humidity below 55%.
2. Clean and dry any spills within 24 hours.
3. Avoid drying wet clothing indoors without proper ventilation.
4. Promptly remove garbage and food waste to avoid organic growth.
5. Do not disable or obstruct HVAC supply/return vents.

[// GUIDANCE: Add or modify preventive measures as appropriate for the specific property.]

[// GUIDANCE: End of template.]